Sleep apnea decisions — 2001

The veteran's service-connected disabilities are of such an exceptional quality as to render her unable to obtain or follow a substantially gainful occupation.

The Board denied reopening the claim of entitlement to service connection for lumbosacral strain due to lack of new and material evidence.

The veteran's appeal has been dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Board has determined that the veteran's lumbosacral strain with central disc herniation at L5-S1 does not warrant an evaluation in excess of 20 percent.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional medical examination and development of claims file.

The Board found that the veteran's service connection claims for her claimed disabilities were not well grounded due to a lack of verified in-service injury and duty status.

The Board has granted service connection for PTSD, finding that the veteran experienced sexual trauma in service resulting in current PTSD. The claims for anorexia nervosa and bulimia are addressed separately.

The Board found that new and material evidence had not been presented to reopen the claim for service connection for recurrent strain of the lumbosacral area.

The Board has denied the veteran's claim for an increased disability rating for his service-connected back sprain of the lumbar region, finding that the evidence does not support a higher evaluation.

The veteran's lumbosacral degenerative disc disease is currently evaluated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5293. The RO has granted service connection for this condition and assigned a non-compensable evaluation for bilateral pes planus, allergic rhinitis, and irritable bowel syndrome.

The Board has granted a 10% evaluation for lumbosacral strain from August 28, 1997 to October 27, 1999 and denied any current compensable rating.

The Board denied service connection for lumbosacral strain in January 1986, concluding that the condition preexisted service and was not aggravated by it. The veteran's motion alleging clear and unmistakable error is denied.

The veteran's service-connected lumbosacral strain with osteoarthritis was granted a 20 percent evaluation effective from June 4, 1997.

The VA denied the veteran's claim for an increased rating for his service-connected degenerative joint disease and disc disease of the lumbosacral spine, as it found that his disability was no more than moderately disabling.

The veteran's arthritis of the hands and right elbow is service-connected, as are his complaints of pain and numbness above the knees. The Board finds that ED (impotence) is secondary to his service-connected conditions.

The Board has determined that the veteran's service-connected lumbosacral strain continues to be productive of severe low back disability and therefore warrants restoration of a 40 percent rating.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral strain, which is considered moderate limitation of motion due to pain.

The veteran's claim for an increased evaluation for residuals of a lumbosacral injury was denied by the RO. The Board noted that additional development is needed, including obtaining medical records and scheduling a VA examination.

The Board has granted an effective date of March 5, 1998 for a 60 percent rating for the veteran's low back disability. The issue of entitlement to higher initial ratings for residuals of an injury of the lumbosacral spine and a compensable initial rating for residuals of excision of a right ankle mass remains on appeal.

The veteran's claims for increased evaluations for his service-connected degenerative joint and disc disease of the lumbosacral spine and cervical spine are being remanded to allow for further development, including a VA examination.